Employment Appeal Tribunal, 2000. Full decision: bailii.org.
The applicant was turned down from becoming a trainee voluntary adviser with the citizens advice bureau (CAB), allegedly for certain mental health reasons.
The employment tribunal decided that the applicant would not be an “employee” or a person who “contracts personally to do work” so as to fall within the DDA.
The Employment Appeal Tribunal held the tribunal had not adequately considered the issues and remitted the case to be reconsidered. Had the applicant been accepted by the CAB, there would have been a formal document between the two parties. The tribunal could not properly have concluded the document imposed no obligation on either side. Also, the tribunal had also drawn unjustifiable conclusions from the fact that the applicant would only receive reimbursement of expenses.
